[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3288 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3288
To reauthorize and reform the National Telecommunications and
Information Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2021
Mr. Wicker (for himself and Mr. Thune) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize and reform the National Telecommunications and
Information Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``NTIA
Reauthorization and Reform Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NTIA REAUTHORIZATION AND REFORM
Sec. 101. Authorization of appropriations.
Sec. 102. Under Secretary of Commerce for Communications and
Information.
Sec. 103. Coordination of executive branch views on matters before the
Federal Communications Commission.
Sec. 104. Modernization of agency mission.
TITLE II--OTHER MATTERS
Sec. 201. Promotion of workforce programs.
Sec. 202. Improved coordination between the FCC and the NTIA.
Sec. 203. World Radiocommunication Conference ambassador.
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
TITLE I--NTIA REAUTHORIZATION AND REFORM
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 151 of the National Telecommunications and Information
Administration Organization Act (Public Law 102-538; 106 Stat. 3533) is
amended--
(1) by striking ``1992 and'' and inserting ``1992,''; and
(2) by inserting ``and $52,831,000 for each of fiscal years
2022 and 2023,'' after ``1993,''.
SEC. 102. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND
INFORMATION.
(a) In General.--Section 103(a)(2) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 902(a)(2)) is amended by striking ``Assistant Secretary of
Commerce for Communications and Information'' and inserting ``Under
Secretary of Commerce for Communications and Information''.
(b) Pay.--Subchapter II of chapter 53 of title 5, United States
Code, is amended--
(1) in section 5314, by striking ``and Under Secretary of
Commerce for Travel and Tourism'' and inserting ``Under
Secretary of Commerce for Travel and Tourism, and Under
Secretary of Commerce for Communications and Information''; and
(2) in section 5315, by striking ``(11)'' after ``Assistant
Secretaries of Commerce'' and inserting ``(10)''.
(c) Deputy Under Secretary.--
(1) In general.--Section 103(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902(a)), as amended by subsection (a) of this
section, is amended by adding at the end the following:
``(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information--
``(A) shall be the principal policy advisor of the
Under Secretary;
``(B) shall perform such other functions as the
Under Secretary shall from time to time assign or
delegate; and
``(C) shall act as Under Secretary during the
absence or disability of the Under Secretary or in the
event of a vacancy in the office of the Under
Secretary.''.
(2) Technical and conforming amendment.--Section 106(c) of
the Public Telecommunications Financing Act of 1978 (5 U.S.C.
5316 note; Public Law 95-567) is amended by striking ``The
position of Deputy Assistant Secretary of Commerce for
Communications and Information, established in Department of
Commerce Organization Order Numbered 10-10 (effective March 26,
1978),'' and inserting ``The position of Deputy Under Secretary
of Commerce for Communications and Information, established
under section 103(a) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
902(a)),''.
(d) Continuation in Office.--The individual serving as the
Assistant Secretary of Commerce for Communications and Information and
the individual serving as the Deputy Assistant Secretary of Commerce
for Communications and Information on the day before the effective date
under section 301 of this Act may serve as the Under Secretary of
Commerce for Communications and Information and the Deputy Under
Secretary of Commerce for Communications and Information, respectively,
on and after that effective date without the need for renomination or
reappointment.
(e) Technical and Conforming Amendments.--
(1) Communications act of 1934.--Section 344(d)(2) of the
Communications Act of 1934 (as added by section 60602(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58)) is
amended by striking ``Assistant Secretary'' and inserting
``Under Secretary''.
(2) National telecommunications and information
administration organization act.--The National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 901 et seq.) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(3) Homeland security act of 2002.--Section 1805(d)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is
amended by striking ``Assistant Secretary for Communications
and Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''.
(4) Agriculture improvement act of 2018.--Section 6212 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is
amended--
(A) in subsection (d)(1), in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(5) Emergency supplemental appropriations act for defense,
the global war on terror, and tsunami relief, 2005.--Section
303 of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (8
U.S.C. 1721 note; Public Law 109-13) is repealed.
(6) Broadband data improvement act.--Section 214 of the
Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Assistant Secretary'' and
inserting ``Under Secretary'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(7) Electronic signatures in global and national commerce
act.--Section 103(c) of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7003(c)) is amended--
(A) by striking ``Exceptions.--'' and all that
follows through ``Determinations.--If'' and inserting
``Exceptions.--If''; and
(B) by striking ``such exceptions'' and inserting
``of the exceptions in subsections (a) and (b)''.
(8) Title 17, united states code.--Section 1201 of title
17, United States Code, is amended--
(A) in subsection (a)(1)(C), in the matter
preceding clause (i), by striking ``Assistant Secretary
for Communications and Information of the Department of
Commerce'' and inserting ``Under Secretary of Commerce
for Communications and Information''; and
(B) in subsection (g), by striking paragraph (5).
(9) Unlocking consumer choice and wireless competition
act.--Section 2(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of Commerce''
and inserting ``Under Secretary of Commerce for Communications
and Information''.
(10) Implementing recommendations of the 9/11 commission
act of 2007.--Section 2201(d) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C.
247d-3 note; Public Law 110-53) is repealed.
(11) Communications satellite act of 1962.--Section
625(a)(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d(a)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.
(12) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74)
is amended--
(A) in section 1002(1), in the heading, by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(13) Warning, alert, and response network act.--Section 606
of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) in subsection (b), in the first sentence, by
striking ``Assistant Secretary of Commerce for
Communications and Information'' and inserting ``Under
Secretary of Commerce for Communications and
Information''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(14) American recovery and reinvestment act of 2009.--
Section 6001 of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(15) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in section 6001 (47 U.S.C. 1401)--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5)
through (31) as paragraphs (4) through (30),
respectively; and
(iii) by inserting after paragraph (30), as
so redesignated, the following:
``(31) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.'';
(B) in subtitle D (47 U.S.C. 1451 et seq.)--
(i) in section 6406 (47 U.S.C. 1453)--
(I) by striking subsections (b) and
(c); and
(II) by inserting after subsection
(a) the following:
``(b) Definition.--In this section, the term `5350-5470 MHz band'
means the portion of the electromagnetic spectrum between the
frequencies from 5350 megahertz to 5470 megahertz.''; and
(ii) by striking section 6408; and
(C) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(16) RAY baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.
(17) Secure and trusted communications networks act of
2019.--Section 8 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection (c)(1), in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(18) Title 51, united states code.--Section 50112(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``Assistant Secretary''
each place the term appears and inserting ``Under Secretary''.
(19) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended--
(A) in title IX of division N--
(i) in section 902(a)(2), in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary'';
(ii) in section 905--
(I) in subsection (a)(1), in the
heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary'';
(II) in subsection (c)(3)(B), in
the heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary''; and
(III) in subsection (d)(2)(B), in
the heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(ii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''.
(20) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in section 27003, by striking ``Assistant
Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in section 60102--
(I) in subsection (a)(2)(A), by
striking ``Assistant secretary'' and
inserting ``Under secretary'';
(II) in subsection (d)(1), by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B),
by striking ``Assistant
secretary'' and inserting
``Under secretary''; and
(bb) in paragraph
(5)(B)(iii), by striking
``Assistant secretary'' and
inserting ``Under secretary'';
(ii) in title III--
(I) in section 60302(5), by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(II) in section 60305(d)(2)(B)(ii),
by striking ``Assistant secretary'' and
inserting ``Under secretary'';
(iii) in section 60401(a)(2), by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(iv) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary'';
(C) in section 90008(b)(3), by striking ``Assistant
Secretary'' and inserting ``Under Secretary''; and
(D) in division J, in the matter under the heading
``distance learning, telemedicine, and broadband
program'' under the heading ``Rural Utilities Service''
under the heading ``RURAL DEVELOPMENT PROGRAMS'', by
striking ``Assistant Secretary'' and inserting ``Under
Secretary''.
SEC. 103. COORDINATION OF EXECUTIVE BRANCH VIEWS ON MATTERS BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION.
Section 105(a)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 904(a)(1)) is
amended--
(1) by striking ``to ensure that the conduct'' and
inserting the following: ``to ensure that--
``(A) the conduct''; and
(2) by striking the period at the end and inserting the
following: ``; and
``(B) the views of the executive branch on matters
presented to the Commission are appropriately
coordinated and reflective of executive branch policy,
consistent with section 103(b)(2)(J).''.
SEC. 104. MODERNIZATION OF AGENCY MISSION.
(a) Policy.--Section 102(c) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901(c)) is
amended by adding at the end the following:
``(6) Fostering the digital economy as a critical component
of the competitiveness, future economic growth, and security of
the United States, and working to ensure that global
communications networks remain open and innovative, without
inappropriate barriers to entry or operation.
``(7) Achieving universal availability of and access to
telecommunications and information networks and related
technologies.''.
(b) Assigned Functions.--Section 103(b)(2) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 902(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, some of which were'' before ``transferred to the
Secretary'';
(2) in subparagraph (G)--
(A) in clause (i), by inserting ``standards,''
after ``conferences,''; and
(B) in clause (ii), by inserting ``, standards
bodies,'' after ``telecommunications conferences'';
(3) in subparagraph (H)--
(A) by inserting ``and information'' after
``telecommunications,''; and
(B) by striking ``and emergency readiness'' and
inserting ``emergency readiness, intermediaries,
universal service, and the flow of information''; and
(4) in subparagraph (M)--
(A) by inserting ``, publish reports,'' after
``studies,''; and
(B) by inserting before the period at the end the
following: ``, and concerning policy issues relating to
communications, information, and the digital economy,
including (but not limited to) considerations of
interoperability, privacy, security, spectrum use,
emergency readiness, intermediaries, universal service,
and the flow of information''.
TITLE II--OTHER MATTERS
SEC. 201. PROMOTION OF WORKFORCE PROGRAMS.
The NTIA, under the Broadband USA program, shall coordinate with
the heads of other Federal agencies, including the Secretary of Labor
and the Secretary of Education, to promote, and share information with
States and the public regarding, workforce development programs, such
as apprenticeships, internships, externships, and other skills training
programs, tailored to the telecommunications industry.
SEC. 202. IMPROVED COORDINATION BETWEEN THE FCC AND THE NTIA.
(a) Definition.--In this section, the term ``Memorandum'' means the
Memorandum of Understanding on Spectrum Coordination executed by the
Commission and the Administration on January 31, 2003.
(b) Updates.--Not later than 120 days after the date of enactment
of this Act, the Commission and the NTIA shall update the Memorandum
to--
(1) outline general processes for addressing technical,
procedural, and policy differences regarding frequency
allocation and related conditions and standards;
(2) create a process for the resolution of non-routine
policy disputes between the Commission and the NTIA, including
specific timelines for an expeditious resolution;
(3) clarify that--
(A) Congress designated the NTIA to serve as the
sole agency responsible for managing spectrum assigned
to Federal agencies, and that, as a result, the NTIA
represents Federal agencies in addressing technical,
procedural, and policy differences regarding frequency
allocation with the Commission, consistent with section
103(b) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
902(b)); and
(B) the representation by the NTIA described in
subparagraph (A) should involve the expertise of the
NTIA in technical, engineering, and policy matters;
(4) ensure that scientific analyses and testing are
considered in actions involving spectrum allocation and
standards;
(5) ensure that short-, medium-, and long-term implications
of spectrum policy and strategy are considered;
(6) outline general processes for how the Commission and
the NTIA will form staff standing working groups with regular
meetings to discuss spectrum planning by the Commission and the
NTIA;
(7) outline general processes for how the Commission and
the NTIA will jointly interact and consult with the Department
of State in matters regarding international spectrum
coordination proceedings; and
(8) endeavor to ensure--
(A) the efficient use of frequencies assigned to
Federal agencies, consistent with the responsibilities
of the NTIA under section 103(b)(2)(U) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 902(b)(2)(U)); and
(B) that frequencies not required for the present
or identifiable future needs of the Federal Government
are reallocated to non-Federal Government users
wherever possible.
(c) Periodic Updates.--Not later than 3 years after the date on
which the Commission and the NTIA update the Memorandum under
subsection (b), and every 4 years thereafter, the Commission and the
NTIA shall update the Memorandum to reflect changing technological,
procedural, and policy circumstances.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and every year thereafter, the Commission and the NTIA shall
submit to Congress a report on joint spectrum planning activities.
SEC. 203. WORLD RADIOCOMMUNICATION CONFERENCE AMBASSADOR.
(a) In General.--Section 103(b)(3) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 902(b)(3)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) shall assign to the NTIA responsibility for
providing advice and recommendations to the Secretary
of State regarding candidates to serve as United States
head of delegation and ambassador to the quadrennial
World Radiocommunication Conference of the
International Telecommunication Union, not later than
30 months before the first plenary meeting of a
conference.''.
(b) Rank.--Section 302(a)(2) of the Foreign Service Act of 1980 (22
U.S.C. 3942(a)(2)) is amended by adding at the end the following:
``(D) Notwithstanding subparagraph (B)(i), the President may confer
the personal rank of ambassador to the United States head of delegation
to the quadrennial World Radiocommunication Conference for a temporary
term not exceeding 2 years in duration.''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first pay period applicable to the Under Secretary
of Commerce for Communications and Information (as so redesignated by
section 102(a)) beginning on or after the date of enactment of this
Act.
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